Rachal v. Charrier

449 So. 2d 732, 1984 La. App. LEXIS 8564
CourtLouisiana Court of Appeal
DecidedApril 11, 1984
DocketNo. 83-560
StatusPublished
Cited by4 cases

This text of 449 So. 2d 732 (Rachal v. Charrier) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rachal v. Charrier, 449 So. 2d 732, 1984 La. App. LEXIS 8564 (La. Ct. App. 1984).

Opinion

DOMENGEAUX, Judge.

This case involves a claim against the successions of Alexander Marcotte and Nora Charrier Marcotte. Petitioner, Mrs. Maggie M. Hess Charrier, alleged that she is the creditor of the estate of Mr. Alex Marcotte and that she is entitled to $3,149.00 as expenses of the last illness of the decedent which are owed to her by the estate. Mrs. Charrier filed a petition in opposition to the tableau of distribution proposed by the administratrix, Mrs. Marjorie R. Rachal. The administratrix filed in the succession proceedings a proposed dis[733]*733bursement to Mrs. Charrier for $234.00 which reflected medical and funeral expenses paid by Mrs. Charrier.

The administratrix denied the alleged indebtedness, pled liberative prescription of one and three years, and entered a special objection to the admission of parol evidence.

A rule was ordered to show cause why Mrs. Charrier should not receive the full amount of her demand.

Trial was conducted on April 1, 1983. Mrs. Charrier was the only witness to testify. Her testimony concerned the existence, nature, and amount of the debt. The trial judge rendered judgment in favor of Mrs. Charrier for $2,004.60 (with legal interest from date of judicial demand until paid) plus all costs.1

The administratrix has appealed suspen-sively, alleging nine (9) assignments of trial court error as follows:

SPECIFICATIONS OF ERROR

1.) In failing to apply La.R.S. 13:3721 (commonly referred to as the “Dead Man’s Statute”) and in refusing to prohibit the introduction of parol evidence to establish the existence of an alleged liability or debt on behalf of a deceased person;

2.) In ruling that Mrs. Charrier had sustained her legal burden of proof as to the existence of an alleged liability or debt on behalf of a deceased person when only one witness testified rather than the two witnesses required to testify by La.R.S. 13:3722;

3.) When it concluded as a matter of fact that a private attorney had informed Mrs. Charrier that there would be no administration of the succession when the record is totally devoid of any evidence to substantiate such a finding;

4.) In concluding that there was a “de facto” Administrator of the Succession;

5.) In concluding that the Administratrix had admitted a part of Mrs. Charrier’s claim by including another claim based upon a payment of debts subsequent to the death of the deceased in the proposed tableau of distribution;

6.) In concluding the issue before the court was only one of the amount of the claim and not its validity;

7.) In concluding that the position of the Administratrix was that there was no dispute as to Mrs. Charrier’s performance of services only whether or not she was due any compensation for them;

8.) In failing to apply the liberative prescriptive period of one (1) year; and

9.) In applying the liberative prescription of three (3) years from the date of the submission of a written statement to an attorney representing some of the heirs of the decedent rather than from the date the formal opposition to the petition for homol-ogation of the tableau of distribution was filed.

Mrs. Charrier answered the appeal alleging that the trial court erred in holding that La.R.S. 13:3721 was applicable and that a portion of the debt had prescribed. Appel-lee further contends that all or part of La.R.S. 13:3721-3722 is unconstitutional in violation of the separation of powers doctrine. Appellee seeks to have the judgment amended to increase the amount awarded.

ISSUES

Appellant contends that the trial court erred in allowing the introduction of parol evidence contrary to the provisions of La. R.S. 13:3721. Appellant also contends that the trial court erred in finding that the creditor sustained the burden of proving the validity of the debt.

FACTS

On January 8, 1982, Alexander Marcotte died intestate. His succession (as well as his wife’s Nora, who died on May 25, 1965) [734]*734was judicially opened on August 19, 1982, by David Chatelain, an attorney representing Mrs. Rachal at the time. Subsequently, Mrs. Rachal retained other counsel.

On February 28, 1983, Mrs. Rachal filed a petition to be appointed administratrix. This was ordered by the district court on that date and letters of administration were issued to Mrs. Rachal. On March 3, 1983, the administratrix filed into the succession proceedings a proposed tableau of distribution. A portion of this reflected a sum of money ($234.00) to be paid Mrs. Charrier for reimbursement of the physician’s fee and funeral expenses paid to the priest.

On March 11, 1983, Mrs. Charrier filed a petition to establish liability for services allegedly performed on behalf of Mr. Mar-cotte between August 1977 and December 1981. No formal legal proceedings had been instituted by Mrs. Charrier prior to this date.

At trial on the merits, Mrs. Charrier stated that she visited Mr. Marcotte at the nursing home, performed chores and did errands for him. Mrs. Charrier admitted that she was never paid during this period and that there was no writing to support any agreement to pay for the services rendered. Mrs. Charrier testified that Mr. Marcotte promised to pay her from his estate for any expenses incurred and that she should keep a record of the expenditures.

The trial judge allowed into evidence a handwritten document of dates and expenses compiled by Mrs. Charrier. She admitted that this record was not a contemporaneous diary of events. The only other record was a summary of Mrs. Charrier’s expenses. It contained a breakdown of expenses into mileage, clerical duties, donations, and telephone calls.

Mrs. Charrier testified that she submitted the detailed written statement to Mr. Chatelain in August 1982. Mrs. Char-rier stated that Mr. Chatelain assured her that she would be paid for all of her expenses. In his written reasons for judgment, the trial judge found that Mr. Chate-lain was the “de facto” succession representative. He further found that Mr. Cha-telain told Mrs. Charrier there would be no administration of the decedent’s estate which created a reliance interest. The trial judge also found that the document presented to Mr. Chatelain constituted a formal proof of claim as required by La.C. C.P. Art. 3245 which effectively suspended the running of prescription and established the basis for the introduction of parol evidence to prove the debt or liability of the deceased.

The trial judge determined that the issue before the court was not the validity of Mrs. Charrier’s claim, but rather the amount thereof.

We conclude that the trial judge committed manifest error in his findings of fact and application of law.

THE DEAD MAN’S STATUTE

La.R.S. 13:3721 is the statute applicable to this case. It provides:

“Parol evidence shall not be received to prove any debt or liability of a deceased person against his succession representative, heirs, or legatees when no suit to enforce it has been brought against the deceased prior to his death, unless within one year of the death of the deceased:
(1) A suit to enforce the debt or liability is brought against the succession representative, heirs, or legatees of the deceased;

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Bluebook (online)
449 So. 2d 732, 1984 La. App. LEXIS 8564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rachal-v-charrier-lactapp-1984.